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Nursing Home
Abuse
All of us will eventually face the hard
and wrenching decision of how to care for our aging loved ones. You
may have arranged to care for them yourself, at home, among family
and familiar surroundings. But the best laid plans are sometimes
confounded by medical circumstances that would legally prohibit you
from home care, no matter how good your intentions. For instance,
certain laws prohibit the dispensing of prescriptions without a
license, and the elderly may develop other medical problems that are
best treated in a licensed health care facility.
"Nursing Home Litigation" involves complaints of abuse and neglect
suffered by the elderly while they are residents in a nursing home.
In the past, such cases were considered rare, but evidence of the
incidence of neglect and the public's awareness has risen
dramatically in the last ten years. In March of 1999, the General
Accounting Office of the U.S. Government released a study showing
that more than 25% of nursing home residents are either harmed, or
put at risk of serious injury or death as the result of poor quality
and safety practices, or a failure to adhere to regulatory
standards.
Nursing home staff are generally underpaid. The persons responsible
for carrying out the directives of physicians and RNs are usually
poorly trained. These persons are often responsible for cleaning,
bathing, turning, feeding, and answering the call buttons of persons
confined to a nursing home. And, not being able to care for
themselves, sometimes not being able to roll over, or even speak,
the nursing home residents are often at their mercy. Because
of the staggering evidence of abuse at nursing homes, you must take
action yourself and become ever vigilant for signs of neglect of
your loved ones.
Some things to look for are:
1. Are the medications being administered appropriately?
This includes pain medication. Is it being given as it should? It is
abuse not to provide pain medication for a person who is in pain
especially when they cannot themselves demand it.
2. Is your loved–one receiving appropriate nutrition?
Evidence of a lack of nutrition is weight loss or dehydration, and
oftentimes the best evidence of a lack of nutrition is to compare
the patient's weight on admission to what their weight is now.
Remember that many nursing home residents must be fed slowly to
allow them to finish their meals and receive the appropriate
nutrition. Understaffing often leads to a rushed and careless
approach to feeding. If a patient eats less than 75% of their food,
regulations require that the doctor be notified. Has this been done?
If not, why not? If the doctor has been notified, what steps is he
or she taking to ensure proper nutrition?
Effects of protracted malnutrition (starvation) are:
If your family member or loved one exhibits any of these signs or
symptoms? You need answers.
3. "Bed Sores" – Pressure or Decubitus Ulcers
Even the healthiest of individuals, if confined to a bed for more
than a week, is at great risk for developing bed sores, also called
pressure ulcers. For those elderly and disabled patients who are
unable to turn themselves in bed, the risks for developing these
sores increases dramatically. In skilled nursing facilities, an
estimated 23% of patients suffer pressure sores. (National Pressure
Ulcer Advisory Panel, "Pressure Ulcer Research: Etiology, Assessment
and Earl Intervention"). In high–risk categories, including
quadriplegics, the numbers increase to 60%. (National Pressure Ulcer
Advisory Panel, "Statement on Pressure Ulcer Prevention 1992").
Because most pressure ulcers are preventable, these cases are often
ripe for litigation. THE NURSING HOME IS BEING PAID TO ENSURE THAT
THE PATIENT IS ADEQUATELY TURNED IN AN EFFORT TO PREVENT BED SORES.
Find out whether or not the physician is being notified
appropriately. Once an ulcer occurs and progresses from Stage I
through Stage III and IV, every day and shift where there is a
failure to notify the physician of the existence of, or changes in,
a pressure sore should be documented and detailed. The general rule
is that the physician should be notified not only of the development
of a pressure sore, but of any change in the condition of the sore.
The National Center on Elder Abuse in the United States regularly
conducts surveys and collects data on nursing home resident abuses.
An average of 30% of all nursing homes in America are guilty of some
form of abuse, and the numbers are increasing. Such abuses are on
the rise due to recruitment of inexperienced or unable nurses or
medical staff.
If you or a loved one has become a victim of nursing home abuse,
contact a lawyer immediately at NRS to explore filing a claim. NRS
highly skilled and experienced lawyers are well versed in all types
of nursing home abuses. They can pursue compensation for the
suffering and pain that a resident experienced in a nursing home.
Contact an NRS lawyer today for a free case evaluation.
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